Houston Chronicle

Lawyer: Jailer raped Katy woman

‘I feel like I’m losing my mind,’ she says after alleged assault following traffic stop, arrest

- By St. John Barned-Smith

Emma Lopez-Pound assumed that when a Katy ISD police officer pulled her over in early March, she’d get a traffic ticket. Instead, she ended up in the Harris County Jail on misdemeano­r marijuana charges.

Hours later, she alleged, a jail guard raped her.

In the days since, the wife and 26-year-old mother of two young children has lost her job at the gym where she worked as a fitness instructor. She had to begin a regimen of harsh preventati­ve medication to address potential HIV exposure and start seeing a psychiatri­st. She didn’t want to go outside for a long time, and still won’t do so without someone accompanyi­ng her. And when she looks in the mirror now, she feels anger — and revulsion.

“I feel like when I look at my body, it’s not mine,” Lopez Pound said in an interview Friday afternoon, tears trickling down her face as she sat with her husband, Jordan, in their northwest Harris County home. “I don’t even like looking at me. … I feel like I’m losing my mind.”

On Friday, the day after Lopez-Pound’s attorney filed a sixcount civil rights lawsuit in federal court in Houston, many questions remain unanswered about the arrest and the alleged assault, which the sheriff’s office is investigat­ing. The lawsuit, which does not identify the alleged attacker, was filed against Katy ISD Police Officer

Daniel Sanchez and the city of Katy, the Harris County Sheriff ’s Office, unnamed sheriff ’s deputies and Sheriff Ed Gonzalez.

The lawsuit seeks unspecifie­d damages and alleges that LopezPound was the victim of false arrest, excessive force, and intentiona­l infliction of emotional distress.

“We need him to investigat­e this as thoroughly as if this were his mother or daughter, and we need full discovery in how to implement policy changes that those who are sworn to protect and serve are doing just that, and not harming those they have charge over,” said Mike Edwards, Lopez-Pound’s attorney.

Edwards said he was particular­ly concerned because his client said she reported the assault to jail staff shortly after the incident happened.

“The fact she reported this in the jail, and no procedures were followed to confirm or refute (what happened) — that’s egregious in itself,” the attorney said.

Sheriff ’s Office investigat­ing

Jason Spencer of the Harris County Sheriff ’s Office said the agency is investigat­ing the alleged assault.

“Investigat­ors have interviewe­d the victim, reviewed video recordings from inside the jail, and are taking all other necessary steps to ensure a thorough investigat­ion is conducted,” he wrote in an email. “No charges have been filed at this time. The Harris County Sheriff’s Office takes these allegation­s seriously, and we are committed to ensuring the safety and well-being of all inmates entrusted to our care.”

A spokeswoma­n for the Katy Independen­t School District was unavailabl­e for comment Friday evening. The district previously told another news outlet that the fact Lopez-Pound was initially stopped in a school zone made the possession of any amount of marijuana an arrestable offense.

The sheriff’s office first learned of the alleged assault on March 2, after Lopez-Pound went to a nearby hospital and reported the incident.

The assault allegedly took place on March 1 in the jail’s inmate processing center, he said, a busy area where persons arrested by various agencies are brought to be processed into jail.

“We have not received adequate informatio­n to identify any potential suspect at this point,” Spencer said.

The sheriff ’s office has previously come under criticism over inmate safety. In 2014, thenSherif­f Adrian Garcia testified before a U.S. Department of Justice review panel on prison rape after a DOJ study found one of the four buildings of the Harris County Jail had one of the worst rates of sexual assault in the nation.

The study found the rate of sexual assault in the lockup at 1200 Baker St. was 7.6 percent, more than twice the national average, and the third-worst of 373 jails studied. In 2011, an internal investigat­ion found “numerous” female inmates had sexual relations with jailers in the laundry rooms of two downtown jails, apparently in exchange for favors. Garcia fired six employees for misconduct, while two other jailers resigned or retired. After the Harris County District Attorney’s Office investigat­ed, one jailer was charged with improper sexual activity with a person in custody.

Passed a recent audit

In their most recent audit under the Prison Rape Eliminatio­n Act, auditors in November found the sheriff ’s office was “exceeding in its compliance with all investigat­ive requiremen­ts” at the 1200 Baker St., facility, and noted that the department passed or exceeded all but one of the act’s requiremen­ts. So far this year, the department has recorded one other alleged sexual assault on an inmate by a staff member at the inmate processing center on 1201 Commerce Street, according to sheriff’s department records. That investigat­ion is still open. Monthly PREA reports show six other allegation­s of assaults by staff on inmates at the department’s 1200 Baker St., jail, and four at the department’s facility at 701 N. San Jacinto. Of those 10 alleged assaults, one was listed as “unfounded” while the other nine remain open.

Whether the sheriff’s office has improved its standing in recent years, Lopez-Pound’s attorney said officials have a duty to thoroughly investigat­e this case.

“If it wasn’t a guard,” LopezPound said, “they’d already have made an arrest.”

 ?? Marie D. De Jesus / Houston Chronicle ?? Emma Lopez-Pound, 26, cries on the shoulder of her husband Jordan Pound, 26, on Friday in Katy after talking about allegedly being raped in the Harris County Jail by a jailer following her arrest on misdemeano­r marijuana charges in early March.
Marie D. De Jesus / Houston Chronicle Emma Lopez-Pound, 26, cries on the shoulder of her husband Jordan Pound, 26, on Friday in Katy after talking about allegedly being raped in the Harris County Jail by a jailer following her arrest on misdemeano­r marijuana charges in early March.
 ?? Marie D. De Jesus / Houston Chronicle ?? A weeping Emma Lopez-Pound covers her face after talking about allegedly being raped in a holding cell by a jailer in the Harris County Jail. Lopez-Pound has filed a lawsuit.
Marie D. De Jesus / Houston Chronicle A weeping Emma Lopez-Pound covers her face after talking about allegedly being raped in a holding cell by a jailer in the Harris County Jail. Lopez-Pound has filed a lawsuit.

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